Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 200, 202 & 439---Summoning of accused at preliminary inquiry stage---Grievance of complainant was that Trial Court issued notice to accused persons at the time when the complaint was at preliminary inquiry stage---Validity---Court had to consider whether a prima facie case was made out or not---Merely on the basis of statement of complainant under S.200, Cr.P.C. and statement of witnesses under S.202, Cr.P.C. if any inquiry was ordered or on the basis of investigation to be made by any Justice of Peace or by police officer or by such other person-as the Court could think it fit, same shall be done for the purpose of ascertaining truth or falsehood of complaint, without calling accused persons---Contention of accused persons could be heard after issuance of process and summoning of accused persons and not before issuance of the process---Order of summoning accused persons suffered from illegality and the same was set aside---Case was remanded to Trial Court with direction that Trial Court should afford full opportunity to the complainant to bring entire material on record, without issuing any notice to accused persons---High Court directed the Trial Court to issue process to accused only if a prima facie case was made out---Revision was allowed in circumstances. M. Nawaz v. Ghulam Asghar and others 2001 YLR 1269 and Azmat Bibi and another v. Asifa Riaz and 3 others PLD 2002 SC 687 rel. JUDGMENT MUHAMMAD MUJEEBULLAH SIDDIQUI, J.--This revision application is directed against the order dated 2-5-2003 passed by the learned Additional Sessions Judge, Shandadpur whereby he has dismissed the complaint filed by the applicant. The first grievance of Mr. S. Madad Ali Shah learned counsel for the applicant is that during the preliminary enquiry the learned Additional Sessions Judge Shandadpur issued notice to the accused persons and heard them and their advocate. He has pointed out that an application was submitted before the learned trial Court requesting to withdraw or vacate the order of issuance of notice to the accused during the preliminary enquiry, as the accused has no right of hearing during the course of…

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